Umadevi Nambiar (Mrs.) vs. Thamarasseri Roman Catholic Diocese (SC)

Partition–Preliminary decree–Set aside by the High Court on the grounds that the appellant failed to seek the relief of setting aside the documents of transfer and/or the recovery of possession of the property was fatal for her case and the appellant was having the constructive notice of the alienation made by her sister–Justification–Power of attorney executed by the appellant did not contain the authorization of sale–Further, the possession of an agent under a deed of power of attorney is also possession of principal and any unauthorized sale made by the agent will not tantamount to the principal parting with possession–Impugned judgment passed by the High Court is set aside and the preliminary decree passed by the trial Court is restored.